Florida Statute 38.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.—Upon the resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard and determined by the judge’s successor, and parties making any motion before such judge shall suffer no detriment by reason of his or her resignation, death, or impeachment. All judges, upon resignation or impeachment, shall file all papers pending before them with the clerk of the court in which the cause is pending; and the executor or administrator of any judge who dies pending any matter before him or her shall file all papers found among the papers of his or her intestate or testator with the said clerk.

History.—ss. 1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; RGS 2529, 2530; CGL 4156, 4157; s. 4, ch. 73-334; s. 1331, ch. 95-147.

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Amendments to 38.12

Annotations, Discussions, Cases:

Cases Citing Statute 38.12

Total Results: 3

Bradford v. FOUNDATION & MARINE CONSTRUCTION COMPANY

182 So. 2d 447, 22 A.L.R. 3d 917

District Court of Appeal of Florida | Filed: Feb 2, 1966 | Docket: 1486881

Cited 16 times | Published

decision in the absence of Florida case law. Section 38.12 states, in pertinent part: "Upon the resignation

In Re United States of America, United States of America v. Manuel Blanco Garcia

844 F.2d 1528, 1988 U.S. App. LEXIS 6534

Court of Appeals for the Eleventh Circuit | Filed: May 18, 1988 | Docket: 814745

Cited 13 times | Published

accordance with paragraph (1) of this section. 38 (12) In United States v. Barredo, No

Kelley v. State

637 So. 2d 972, 1994 WL 241730

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 422485

Cited 7 times | Published

evidence and credibility of the witnesses. Section 38.12, Florida Statutes (1991), explicitly provides:

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